IN THE COURT OF SH. JAGDEEP SINGH SPECIAL JUDGE (CBI) AT PANCHKULA
Misc.
Application No.___________
IN
THE MATTER OF:-
1. SANDIP
SON OF RAM NIWAS
2. AMARJEET
SON OF VIRENDER
3. KARAMJEET
SON BRAHAMJEET
4. RAHUL
VERMA SON OF SUNIL VERMA
All residents of village Mohamadpur Ahir, Nandu Ki
Dhani, P.S. Tauru, District-Nuh (Haryana)
(Confined in Central Jail Ambala) ....Accused
//VERSUS//
CENTRAL BUREAU OF
INVESTIGATION ........Respondent
Application under
Section 159 read with Section-239 Cr.P.C., for discharge of accused (1) Sandip
S/o Ramniwas (2) Amarjeet S/o Virender (3) Karamjeet S/o Brahamjeet (4) Rahul
Verma S/o Sunil Verma, in FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI,
Dated: 05.12.2016, u/s 302, 325, 326, 459, 460, 376-D, 396, 397 IPC and Section
– 6 Of Protection of Child From Sexual Offences Act & Section 25, 54, 59 of
the Arms Act, in view of the arrest of real accused
and deficit evidence against the Applicant/accused.
RESPECTFULLY SHOWTH:
1. That the brief
facts of the case are that on the intervening night of 24/25.08.2016 at about
12 hours complainant along with her family members were sleeping in the house
at village Dingheri, District-Nuh, Haryana. In the night; allegedly, 4 persons
entered into their house and allegedly committed gang rape on two female
members of the family and caused grievous injury to Ibrahim and Rashidan
resulting into their death.
2.
That the aforesaid incident was lodged in the Police Station Tauru,
District – Nuh, Haryana, vide FIR No. 247, Dated 25.08.2016. Subsequently, the
State Govt. handed over the investigation to the CBI and on 05.12.2016 the CBI had
registered the FIR No. RC SI 2016 S
0009/CBI/SC-1/NEW DELHI.
3. That
present case would shock the conscience of all law abiding persons to see how
the innocent citizens are made scapegoat and forced to languish in Jail to
pacify the sentiments of a particular religion; under political compulsions.
And, in this way, not only the ‘Right to Life’ but all Fundamental
Rights of the innocent citizens envisaged are butchered.
4.Soon
after the incident the aforesaid incident took the shape of communal colour,
the reason of tension between Hindus and Muslims and the District Nuh of
Haryana appeared on National issue and the central stage of political wrestling
among all political parties. Such a scene was created that if, anyhow, the
accused are not arrested either the present Govt. will lose credibility or
there will be communal riots. Even before the Test Identification Prade the
names and photographs of Petitioner/accused were displayed by the national
print as well as electronic media including NDTV, Times Now, Indian Express,
India Today etc.
5.
That on 28.08.2016 during the investigation, under the socio-political
pressure in communally charged atmosphere, the local police falsely arrested
the accused/petitioners and since then the accused are in custody.
It may be relevant and worthwhile to emphasise here
that after the commission of the offence there was lot of communal tension in
the area and the local police was under stern pressure to arrest the accused
persons, which has culminated into the wrong arrest of the accused persons.
6.
That the Forensic Science Laboratory, Haryana, Madhuban, Karnal, vide
letter dated: 10.10.2016, had forwarded the Result of Polygraph (Lie-Detector)
Test to the Police. In response to the categorical questions about their
involvement in the alleged occurrence the accused had answered ‘No’ during the
Polygraph (Lie-Detector) Test. The Senior Scientific Officer (Lie Detection) in
report concluded that:
‘Analysis and evaluation of polygrams do not reveal
deceptive responses...According to test and analysis of polygrams the responses
appeared to be truthful at all issues..’
7.
That the Incharge, Finger Print Bureau vide communiqué dated 25.10.2016 sent
a report the police to the effect that:-
“The photographs chance prints on photographs
marked I, II, III mentioned in Para III above are either smudged, partial or
superiposed and do not bear sufficient ridge characteristic details. Hence,
unfit for comparison”
8.
That as per the Forensic Science Laboratory report dated 18.11.2016
concludes that:-
‘the DNA Drofile of semen stains on the salwar of
the complainant/s and a mattress collected during investigation does not match
with the DNA Profile of the accused persons and conclusively proves that they
are not of same biological origin’
9.
That despite fully knowing that the Haryana Govt. Had handed over the
investigation to the CBI on the request of the local police, the Haryana Police
on 21.11.2016 while ignoring the clear scientific evidences in the favour of
accused filed half-baked charge-sheet against the accused persons, which does
not contain even the prosecutable evidence against the present accused persons.
It appears that under the socio-political pressure
in communally charged atmosphere; with a view to appease and calm-down the
nerves of the particular religion; the local police with a view to deny the
benefit of the Bail to the accused persons filed the half-baked charge-sheet on
21.11.2016.
10.
That there is not even
prima-facie prosecutable evidence against the Petitioners/Accused in the
present case. ABOVE ALL, in the Final Report submitted by the Police there is
not even a distant evidence to connect the Petitioners/accused with the
offences involved in the present case.
11.
That the CBI had
interrogated the Petitioners/Accused between 18.04.2017 to 21.04.2017 and even
the requisite scientific examination/tests of the accused were also conducted.
As per the best information of the accused the result of scientific test
clearly proves the innocence of the accused.
12.
That the latest
change of circumstances is that the Gurgaon Police arrested four persons for
their alleged involvement involved
in almost 150 crimes, including rape, murder and dacoity in Delhi-NCR and
neighbouring and during investigation these accused
persons admitted to their involvement in the commission
of the offences involved in present case and discovered evidences against the
freshly arrested accused persons.
13.
That
the Gurgaon police forwarded the confession statements of the accused and
relevant evidence to the CBI and on the basis of such statements and evidences on
30th October the CBI obtained the remand of the aforesaid fresh
accused and interrogated them. During interrogation the accused have admitted
their involvement in the commission of offences involved in the present case
and during CBI Investigation the accused took the investigation agency team to
the scene of crime and identified the house and the spot where they had
committed the rapes and murders.
14.
That
on 6th November, 2017 the CBI sent the freshly arrested accused to
the judicial custody in the Ambala Central Jail. And, at present, there are
total 8 persons have been arrayed as an accused. Whereas, as per the FIR only 4
accused persons were involved in the commission of offences.
15.
That
by and large the undisputed position in the present case is:
(i)
So
far, the CBI has failed to find any evidence to substantiate the involvement of
accused/applicant in the commission of the offences in question.
(ii)
As
per the labs reports/scientific investigation the Applicant/Accused have not
been found involved in the commission of offences.
(iii)
No
weapon used in the commission of offences has been recovered from the
Accused/Applicants.
(iv)
No
looted article has been recovered from the accused.
(v)
The
fresh accused four accused have been arrested and sent to judicial custody for
the commission of the offences, in which the Applicant/accused have been
arrested.
16.
That this Hon’ble
Court has original jurisdiction, without committal, vested with all the powers
of the Chief Judicial Magistrate.
-PRAYER-
Therefore, in view of the
above, this Hon’ble Court may be pleased to:
(i)
Discharge the
accused/applicant. And/or
(ii)
Call for
the lab report of the scientific tests conducted on accused persons between 18.04.2017
to 21.04.2017, which will clearly establish the innocence of the
accused/applicants.
(iii)
Call for
the lab report of the scientific tests conducted on the freshly arrested
accused between 30.10.2017 to 06.11.2017, which will clearly establish the
innocence of the accused/applicants.
(iv)
Conduct enquiry in
term of Section 159 Cr.P.C. and in the interest of justice this Hon’ble Court
may send for the Police Diaries including of the CBI, in aid to such enquiry to
reaching at a logical conclusion, in terms of the Section 172(2) Cr.P.C.
(v)
Pass any other order
which may be appropriate in the facts and circumstances of the present case.
DATED: 16.11.2017 (PARDEEP KUMAR RAPRIA)
PLACE: PANCHKULA ADVOCATE
COUNSEL
FOR ACCUSED:
1.
Sandip S/o Ramniwas
2.
Amarjeet S/o Virender
3.
Karamjeet S/o Brahamjeet
4.
Rahul Verma S/o Sunil Verma
(Signatures
of accused not required as- -All confined in the Central Jail, Ambala)
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